Court of Appeals of North Carolina May 26, 1971, No. 718SC196 (Peake v. Babson)

VAUGHN, Judge.

It was entirely proper for Judge Peel to consider the defendant’s plea in bar prior to a trial on the merits. Wilson v. Hoyle, 263 N.C. 194, 139 S.E. 2d 206. Appellant concedes that the prior judgment constituted an adjudication on the merits and that the parties are identical.